So my contract has been terminated by agency, apparently landlord wants unit back for himself.
They gave me until 31st to move out.
Now my questions are:
1) Can I move out anytime from now or do I need to wait until 31st?
2) What will happen to rent which is paid until 14th if I move out prior that date, does it get refunded?
Cheers
Yes they can, in NSW they can
What's the point of a fixed term then? Kinda defeats the purpose…
Well it benefits landlord that is about it….
They can't terminate a fixed term agreement before the end date unless you are in breach of the agreement - unless the place is no longer fit to live in.
You can find the info on the Fair Trading website, and various fact sheets like:
Fixed-term agreement
The landlord/agent cannot end your agreement without grounds before the last day of the fixed term. If the agreement is not terminated at the end of the term, it continues as a periodic agreement.
- http://www.tenants.org.au/factsheet-10-landlord-ends-agreeme…
@Thrift: Yeah I am until december I'm just reading it you are right but nothing I can do, not gonna argue with them better to move out.
@bion83: Sure, it's fine if you agree, or at least are prepared to move. You can stick to your guns, but if the tenancy isn't going to continue past December, find a new place now before Christmas :)
@bion83: They need you out of there but legally they can kick you out. You have the upper hand. Only accept to move out on your terms.
they can
NO, they can't - from same page you linked to:
The landlord/agent cannot end your agreement without grounds before the last day of the fixed term. If the agreement is not terminated at the end of the term, it continues as a periodic agreement.
If you're happy to move out before the end of the fixed term, and assuming NSW as per your profile, then you can move out any time. They have to refund any pre-paid rent from the date you hand back possession (ie, give them back the keys).
Unless you agree, the landlord can't terminate a fixed-term agreement without grounds (like not paying your rent).
Thank you
what Thrift said
http://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owner…?
Getting notice from the landlord
If your landlord serves you with a termination notice you can move out any time before the notice ends without having to give your own notice. If you were given notice because of the end of the fixed term, you are responsible for paying the rent until the last day of the fixed term. Otherwise no further rent is payable from the day you hand back vacant possession after getting a termination notice from the landlord.
If your landlord serves you with a termination notice and you do not vacate by the day requested, the next step they can take is to apply to the NSW Civil and Administrative Tribunal for a termination order. The Tribunal will send you a notice to attend a hearing.
Short answers, as a Sydney landlord with an Agent acting on our behalf:
Anytime - just notify the agent and return the key.
You are entitled to a refund.
Also make sure the premises are returned to condition they were in when you entered. Usually getting a professional cleaner is a good idea to save arguments. This way you have the best chance of a full return of the bond. Any questions, just call Fair Trading.
If your fixed term has not ended, they cannot make you leave early without grounds.
How did they notify you of this? In writing via email or by phone?
I think think Agency is trying it on. Which is not fair.
They can only give you notice 30 days before the end if the term. Ie on 1st December. That's why it's called fixed term.
"
Fixed-term agreement
The landlord/agent cannot end your agreement without grounds before the last day of the fixed term. If the agreement is not terminated at the end of the term, it continues as a periodic agreement.
If the landlord/agent wants to end your agreement at the end of the fixed term, they must give you at least 30 days notice that includes the last day of the term.
If the landlord/agent applies for a termination order, the Tribunal must terminate the agreement."
I would email them and either reference the phone conversation or the written notice and tell them that the advice you have received is that they cannot terminate the lease without mutual agreement until 30 days prior to the end of the term as you are in a fixed term lease.
Ask them on what legal grounds they believe they are able to terminate the lease.
Also advise them you are willing to be flexible but would appreciate some accommodation for the inconvenience such as some money towards moving expenses.
The landlord would otherwise have to find somewhere to live and rent and move them move again so they should be amenable to this.
Happy to help out where I can…
( have been a landlord and used various agencies and done are better than others) they may have some bitter motive like wanting to sell as a vacant property and this is their ruse….
Also if the grounds they are using are the following then you are entitled to compensation. They also have to apply fur a termination order (which I assume they have not)
Hardship to landlord
The landlord can apply for a termination order without notice if they would suffer undue hardship if the tenancy continued, the Tribunal may make a termination order and may also order the landlord to compensate you for loss of the tenancy.
Thanks guys for your input, we kinda agree that we would move out I do not really want to get into an argument.
The agent told me that they were given instruction by owner they do not know either whats going on.
The place has been renovated therefore there is no need for us to move out in case they want to fix something up and if they want to sell it they can put on market while its still being rented.
Bion83 these are your rights. You should at least get some money towards moving costs. If you don't ask, you don't get…
Here's the actual section of the law that states your situation.
You are doing them a favour.
http://www.austlii.edu.au/au/legis/nsw/consol_act/rta2010207…
Happened to me a while back, we moved out so fast they owed us $$. They weren't happy but they coughed up.
You have the upper hand. I know you yourself is happy to move out, but I'd ask for something like one or two weeks free rent for compensation (that may not even cover your moving expenses, can even ask for more). A landlord just cannot attempt to terminate a fixed term early, without at least giving you some sweeteners. Make sure you have that in writing.
They can't terminate a fixed term lease. What state is this?